A Hypothetical Case: UNITED STATES v. Clonaid

Abstract

The government took the place of FDA to bring a suit against Clonaid Company to grant preliminary injunction to enjoin defendant Clonaid Company from cloning human beings and using human embryos in SCNT research in violation of the Federal Food, Drug and Cosmetic Act and the Public Health Service Act. In response to government¡¦s motion for injunction, the defendant, Clonaid, first challenges the statutory authority of FDA to regulate human cloning. Then Clonaid asserts that FDA should not play a role in this ethically and morally debated issue. Secondly, Clonaid argues that its activity of human cloning is a right to procreate and a right of religious liberty. Human cloning research is also a kind of speech, which should be protected by Federal First Amendment. In response to FDA¡¦s major concern ¡V safety issue, Clonaid asserts that safety is not an issue here. And Clonaid argues from the utility viewpoint that SCNT is a very promising biotechnology. Prohibiting SCNT technology will deter patients from receiving better treatments. The court has read the plaintiff¡¦s moving and defendant¡¦s responding documents and heard the argument of counsel. The court preliminarily enjoins defendant Clonaid Company from cloning human beings and using human embryos older than 14 days in SCNT research without FDA¡¦s regulation.